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HomeMy WebLinkAboutR-93-0626J-93-685 9/30/93 RESOLUTION NO. 9 W ~6 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE ONE-YEAR AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., THE DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC., AND THE EDGEWATER ECONOMIC DEVELOPMENT CORP., FOR THE PURPOSE OF ASSISTING EACH AFOREMENTIONED ORGANIZATION IN THE IMPLEMENTATION OF A COMPREHENSIVE COMMERCIAL FACADE TREATMENT PROGRAM; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $29,400.00 TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., $15,400,00 TO THE DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC., AND $5,600.00 TO THE EDGEWATER ECONOMIC DEVELOPMENT CORP., FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS. WHEREAS, the Commercial Facade Treatment Program was approved in the fourteenth (14th) year Community Development Block Grant Application by Resolution No. 88-384; and WHEREAS, the promotion of economic revitalization in the neighborhoods of the City of Miami is an important part of the City's economic development strategy; and WHEREAS, Community Development Block Grant funds are allocated from the Commercial Facade Revitalization Program up to the amount specified; and ATTACHMENT (S) CONTAINED CITY coot sslox MEETING OF OCT 14 1993 (� Resolution No. 93— 6206 WHEREAS, the proposed Commercial Facade Treatment is a component of the Comprehensive Citywide Commercial Rehabilitation Assistance Facade Treatment Program; and WHEREAS, the proposed Commercial Facade Treatment Program will be implemented within the Allapattah, Downtown, and Edgewater target areas; and WHEREAS, the eligibility for assistance will be based on a 70%-30% match, City of Miami and business or property owner, respectively, for participating businesses located within the Allapattah, Downtown, and Edgewater target areas; and WHEREAS, the maximum amount allocated per participating business is Two Thousand Dollars ($2,000.00); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference i I thereto and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to enter into an agreement with Allapattah Business Development l Authority, Inc., Downtown Miami Business Association, Inc., and i Edgewater Economic Development Corp., in substantially the 1 d forms, u to the amount specified, for a period of one attache o s, p p year. Section 3. Fifty Thousand Four Hundred Dollars ($50,400.00) of Community Development Block Grant Funds are hereby allocated for the purpose of assisting in the coordination and implementation of a comprehensive commercial facade exterior -2- 93" 6316 rehabilitation program, with Twenty-nine Thousand Four Hundred Dollars ($29,400.00) to Allapattah Business Development Authority, Inc., for the rehabilitation of 21 businesses, Fifteen Thousand Four Hundred Dollars ($15,400.00) to Downtown Miami Business Association, Inc. for the rehabilitation of 11 businesses, and Five Thousand Six Hundred Dollars ($5,600.00) to Edgewater Economic Development Corp. for the rehabilitation of 4 businesses. Section 4. City of Miami financial assistance to the participating businesses through this program will be at a level of 70% up to a maximum of One Thousand Four Hundred Dollars ($1,400.00) for each participating business, and 30% by each business or property owner up to a maximum of Six Hundred Dollars ($600.00). Section 5. The properties to be rehabilitated have been properly reviewed by all parties involved; the City of Miami Department of Community Development, Allapattah Service Center, Downtown Service Center, Wynwood/Edgewater Service Center, Allapattah Business Development Authority, Inc., Downtown Miami Business Association, Inc., and Edgewater Economic Development Corp., and are being maintained on file. Section 6. Upon completion of these projects, the Allapattah Business Development Authority, Inc. (21 businesses), Downtown Miami Business Association, Inc., (11 businesses), and Edgewater Economic Development Corp, (4 businesses) shall present to the City of Miami, Department of Community Development, all documentation and invoices generated by these projects. 93- 626 -3- Section 8. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of October 1993. VIER L UARE MAYOR ATTEST MATTY HIRAI CITY CLERK COMMUNITY DEV- IENT'nEVIEW : FRANK C,46TANEVK, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT BUDGETARY REVIEW: MANOHA ANA ASSISTANT Y MANAGER DEPARTMENT F BUDGET I PREPARED AND APPROVED BY: ALBERTT B. SMITH i CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: . /I- r. A • I CITY ATTORN, el -4- 93- 626 „ CITY OF MIAMI, FLORIDA COMMERCIAL FACADE; TREATMENT PROGRAM AGREEMENT This Agreement entered into this day of 1993, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY”, and the Allapattah Business Development Authority, Inc., a not -for -profit corporation of the State of Florida, hereinafter referred to as the "SUBRECIPIENT". RECITAL I Funding Source: Community Development Block Grant 1 Term of the Agreement: One year 1 Amount: $29,400.00 Tax Identification Number: Executive Director: Rafael Cabezas i Address: 2515 N.W. 20 St. Suite #2-A Miami, F1 33142 E i Telephone Number: (305) 635-3561 W I T N E S S E T Ii WHEREAS, this program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution No. 88-384; and WHEREAS, the City Commission passed Resolution No. authorizing the City Manager to execute a contractual agreement with the SUBRECIPIENT; and 93" Li a61 r WHEREAS, the oUBRECIPIENT has been allocated twenty-nine thousand four hundred dollars ($29,400.00) for the Commercial Facade Treatment Program; NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I 1.0 PROCEDURES 1.1 TIME OF PERFORMANCE The term of this Agreement shall be from to Upon termination of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 1.5 POLICIES AND PROCEDURES MANUAL SUBRECIPIENT is aware and accepts the procedures for the Commercial Facade Improvement Program as the official document which outlines the fiscal, administrative and Federal guidelines and which shall regulate the day-to-day operations of the SUBRECIPIENT, which is attached and incorporate herein and made a part of this Agreement. 1.6 BONDING AND INSURANCE 1. During the term of this Agreement, the SUBRECIPIENT shall' maintain insurance and bonding coverages in amounts acceptable to the City of Miami Department of Risk Management. Whenever applicable the City shall be named as an additional insured. -2- 93-- � +� 2. During the term of this Agreement-, the SUBRECIPIENT will be required to ensure that contractors participating in the facade improvement shall maintain appropriate general liability insurance coverage prior to the commencement of work. The amount of insurance coverage shall be determined by the Insurance Coordinator of the City of Miami. Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement. 1.7 LEVEL OF SERVICE Should start-up time for a program be required or any delays in the execution of -the work by the contractor occur, the Department of Community Development is to be notified in writing immediately, giving all pertinent details and indicating when work shall begin and will continue. 1.8 OTHER PROGRAM REQUIREMENTS (a) SUBRECIPIENT shall carry out its Work Program in compliance with all Federal laws and regulations described in Circulars A-110, A-122, and A-133. (Rules and Regulations for Community Development Block Grant Subrecipients). (b) SUBRECIPIENT shall not assume the CITY's environmental responsibilities described at 24 CFR 570.604 of the CDBG,Program .regulations, and the CITY's responsibility for initiating the review process under Executive Order 12372 (Rules and Regulations for Community Development Block Grant Subrecipients). (c) A contractor hired by the SUBRECIPEINT must be selected in accordance with Office of Management and Budget Circular No. A-110 and will file, if applicable, IRS Form 1099 with persons providing consultant services in excess of $400.00. (d) A contractor hired by the SUBRECIPIENT shall be i prohibited from using lead -based paint in structures rehabilitated with CDBG monies. 1.9 REPORTS, AUDITS AND EVALUATIONS The SUBRECIPIENT shall comply with the Federal Directive i required by the U.S. Department of Housing and Urban I Development (USHUD) to document that program activities are i i provided for the benefit of low to moderate income persons. i In accordance with the Code of Federal Regulations 24 CFR i Part 570.506, records shall be maintained for each activity to determine that services benefit low and moderate income persons. At the request of the CITY, SUBRECIPIENT shall transmit to i CITY written statements of SUBRECIPIENT'S official policy on I specified issues relating to SUBRECIPIENT'S activities. CITY may carry out monitoring and evaluation activities, including visits and observations by CITY staff; SUBRECIPIENT shall ensure the cooperation of its employees and Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute good cause for the CITY to terminate this Agreement at any time thereafter. -4- 93-' 6wV I ARTICLE II 2.0 SCOPE OF SERVICES 2.1 The SUBRECIPIENT agrees to carry out the project in a lawful, satisfactory and proper manner, in accordance with the procedures, for the Commercial Facade Treatment Program and the Policies and Procedures Manual for Community Development subrecipients and accepts them as the official documents which outlines the fiscal, administrative and federal guidelines and which shall regulate the day-to-day operations of the SUBRECIPIENT. 2.2 The SUBRECIPIENT will notify businesses of the availability of the Facade Treatment Program in the identified deteriorated areas of the target area's commercial corridors and to the businesses in the rest of the target area with blighted storefront buildings. 2.3 The SUBRECIPIENT will develop a priority list of buildings to be improved in coordination with the Neighborhood Enahncement Team (N.E.T.) for Allapattah. 2.4 The SUBRECIPIENT will enter into a commercial facade rehabilitation agreement with the businesses after approval by the Department of Community Development and will receive a matching contribution up to $600.00 as established. This payment will be made by money order or cashier check only. 2.5 The SUBRECIPIENT will advertise for bid the work to be done, (a minimum of two bids is required), including City's paint specifications, guarantees and insurance guidelines, and along with the business/property owner, will select the lower bid and/or the best offer, and ensure that a contract -5- 1 9 3 — 6f2oG is executed \between the SUBSUBRECIPIENT and the business/property owner. 2.6 The SUBRECIPIENT will inform the Department of Community Development when the work is completed for inspection and approval. A picture of each business (before and after) must be obtained by the Neighborhood Enhancement Team (NET) Office. 2.7 The SUBRECIPIENT shall obtain, upon completion of the property being rehabilitated, a Certification and Acceptance of Work, properly signed by: a) Business/property owner b) Community Based Organization c) Department of Community Development d) Neighborhood Enhancement Team Representative 2.8 After completion and approval the SUBRECIPIENT will approve all invoices submitted by the CONTRACTOR and submit a request for payment to the Department of Community Development within five (5) days of work completion. 2.9 The SUBRECIPIENT will be required to open and maintain a separate checking account for the duration of this contractual agreement. 2.10 The Department of Community Development will monitor the fiscal and programmatic operations of the Commercial facade Treatment Program every quarter. The SUBRECIPIENT will be required to make available all financial records as well as operational documents. Said right shall exist during the period of this Agreement and for a period of three (3) years following the date of a contract termination. -6- 9 3 - 6#61 2 ..1.1. The SU11111!:C11?ILNT is required...' to exrcuLe HAS 1lgreement within Lhirty (30) days of receipt from Elie UeparbienL• of Con►►nuniLy UevelopmenL. Failure Lo do so will be cause to deny contracL execution with said SUBRECIPIENT. 2.1.2 The following services will be allowed under Elie auspices of Elie Commercial. facade TreatmenL Program. I. PaiiiL-ing (include pressure cleanin(l, caulking, etc.) 2. Si.gnage 3. Awning 4. boor 5. Store Show Case Window 6. ShutLer 2.13 The SUBRI3CIPIEN1P agrees that no funds allocated under this Agreement shall go L-oward administrative cost. 2.14 If the service contracted (awning, sign or shutter) requires a deposit, the ►naLching contributions from the business owner could be realized after the contract is signed between Elie SUBRECIPIENT and Elie Business Owner. ARTICLE III 3.0 FUNDING 3.1 COMPENSATION A. CITY shall pay SUBRECIPIENT, $ as maximum compensation for the work provided pursuant to Resolution No. 3.2 AUDIT RIGHTS CITY reserves Elie right: L•o audit the records of SUBR ECIPII3N'I' al: any time during Elie performance of this Agreement and for a period of Lhree years after final. payment is made udder 93- 626 k1 -7- HIi.s Agr:eem SU1311 E, C.IPIENT agree. to provide all financial and other applicable. records and documentation of worked perfotmed to CITY. 3.3 CONTINGENCY CLAUSE Funding for this Agreement is contingent: on the availability of funds and continued authorization for program activities and is subject to amendment or terminaLion due to lack of funds or auLhorization, reduction of funds, and/or change in regulations. 3.4 SEPARATION OF CHURCIUSTATE In accordance with First Amendment Church/State principles, Cb13G assistance may not be used for religious activities or provided to primarily religious entities for any activities, including similar activities, as directed by 24 CFR 570..200(j). SUBRECIPIEN'I shall comply with this provision when entering into subcontracts. ARTICLE IV 4.0 GENERAL REQUIREMENT'S 4.1 INDEMNIFICATION SUBRECIPIENT, shall pay on behalf of, and save CITY harmless from and against any and a.l.l. claims, :Liabilities, losses, and causes of action which may arise out of SUBRECIPIENT'S activities under this Agreement, including all other acts or omissions to acL on the part of SUBRECIPIENT, including any person acting for or on its behalf; from and against any relevant orders, judgements, or decrees which may be entered 93- 62.06 against the CITY; and liabilities incurred by the CITY in the defense of any such claims or in the investigation thereof. 4.2 AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 4.3 OWNERSHIP OF DOCUMENTS All documents developed by SUBRECIPIENT under this Agreement shall be delivered to CITY by said SUBRECIPIENT upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. SUBRECIPIENT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and SUBRECIPIENT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by CITY and SUBRECIPIENT pursuant to this Agreement shall at all time remain the property of CITY and shall not be used by SUBRECIPIENT for any other purposes whatsoever without the written consent of CITY. 4.4 AWARD OF AGREEMENT SUBRECIPIENT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind i 9 3 — 6`o6 Ql' contingent upon or resulting from the award of this Agreement. 4.5 NON-DELEGABILITY The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 4.6 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according with all applicable laws, ordinances and codes of federal, state and local governments. 4.7 OBLIGATION TO RENEW Upon expiration of the term of this Agreement, SUBRECIPIENT agrees and understands that CITY has no obligation to renew this Agreement. 4.8 TERMINATION OF CONTRACT CITY retains the right to terminate this Agreement at any time pursuant to this Agreement without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to SUBRECIPIENT, who shall be paid for work performed prior to the date of its receipt to the notice of termination. In no case, however, shall CITY pay SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and SUBRECIPIENT that any payment made in accordance with this Section to SUBRECIPIENT shall be made only if said SUBRECIPIENT is not 93- 626 in default Aer the terms of this Agreement. If SUBRECIPIENT is in default, the CITY shall in no way be obligated and shall not pay to SUBRECIPIENT any sum whatsoever. It is also understood that in accordance with 24 CFR 85.43- 44 of the CDBG rules and regulations, suspension or termination may occur if SUBRECIPIENT fails to comply with any term of this Agreement, or if the CITY deems it convenient to terminate it. 4.9 GENERAL CONDITIONS: A. All notices or other cormnunications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI SUBRECIPIENT: DEPARTMENT OF COMMUNITY ALLAPATTAH BUSINESS DEVELOPMENT DEVELOPMENT AUTHORITY, INC. 300 Biscayne Blvd., Way 2515 NW. 20 ST. Suite 420 SUITE 2-A Miami, FL 33131 MIAMI, FL 33142 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. -11- 93- 626 ' C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida o.r, the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 4.10 INDEPENDENT SUBRECIPIENT: The SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the CITY. 93_ 6f6' -12- 4.11 SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE V 5.0 CONFLICT OF INTEREST: The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the SUBRECIPIENT or its employee, must be disclosed in writing to the CITY. The SUBRECIPIENT, in the performance of this Agreement, shall be subject to the more restrict law and/or guidelines regarding conflict of interest promulgated by federal, state or local governments. 93--r6V ` -13- ARTICLE VI 6.0 NONDISCRIMINATION: The SUBRECIPIENT agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. ARTICLE VII 7.0 ASSURANCES AND CERTIFICATIONS: The SUBRECIPIENT assures and certifies that: a) All expenditures of funds will be made in accordance with the stated budget allocation as approved by the City Commission. b) CITY funds will not be co -mingled with any other funds and that separate bank accounts and accounting records will be maintained. c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will be provided. e) The SUBRECIPIENT will be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds 93- 626` -14- u.� expended not in accordance with proper accounting standards as determined by competent auditing authority. f) No activity under this Agreement shall involve political activities. g) The SUBRECIPIENT possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the SUBRECIPIENT'S governing body, authorizing the execution of this Agreement, including all understandings the person identified as the official representative of the SUBRECIPIENT to act in connection with the contractor and to provide such additional .information as may be required. ARTICLE VIII 8.0 ENTIRE AGREEMENTS: This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. 93-- 626 -15- ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida BY: MATTY HIRAI CESAR Ii. ODIO CITY CLERK CITY MANAGER r ATTEST: SUBRECIPIENT: BY: CORPORATE SECRETARY RAFAEL CABEZAS EXECUTIVE DIRECTOR (AFFIX SEAL) l APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE COORDINATOR -16- II CITY OF MIAMI, FLORIDA COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT This Agreement entered into this day of 1993, by and between the City of Miami, a municipal corporation of -the State of Florida, hereinafter referred to as "CITY", and the Downtown Miami Business, Association, Inc., a not -for -profit corporation of the State of Florida, hereinafter referred to as the "SUBRECIPIENT". RECITAL Funding Source; Community Development Block Grant Term of the Agreement; One year Amount; $15,400 Tax Identification Number; Executive Director: Maira Diaz Address; One Biscayne Tower, Suite 1818, Miami, FL 33131 Telephone Number: (305) 371-2423 W I T N E S S E T LI WHEREAS, this program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution No. 88-384; and WHEREAS, the City Commission passed Resolution No. authorizing the City Manager to execute a contractual agreement with the SUBRECIPIENT; and 93- 62s WHEREAS, the SUBRECIPIENT has been allocated fifteen thousand four hundred dollars ($15,400.00) for the Commercial Facade Treatment Program ; and NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I 1.0 PROCEDURES 1.1 TIME OF PERFORMANCE The term of this Agreement shall be from to Upon termination of this Agreement, the SUBRECIPIENT -agrees and understands that the CITY has no obligation to renew this Agreement. 1.5 POLICIES AND PROCEDURES MANUAL SUBRECIPIENT is aware and accepts the procedures for the Commercial Facade Improvement Program as the official document which outlines the fiscal, administrative and Federal guidelines and which shall regulate the day-to-day operations of the SUBRECIPIENT, which is attached and incorporate herein and made a part of this Agreement. 1.6 BONDING AND INSURANCE 1. During the term of this Agreement, the SUBRECIPIENT shall maintain insurance and bonding coverages in amounts acceptable to the City of Miami Department of Risk Management. Whenever applicable the City shall be named as an additional insured. -2- 93- 626 2. During the term of this Agreement, the SUBRECIPIENT will be required to ensure that contractors participating in the facade improvement shall maintain appropriate general liab.i.l ity insurance coverage prior to the commencement of work. The amount of insurance coverage shall be determined by the Insurance Coordinator of the city of Miami.. Compliance with the foregoing requirements ubal L not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement. 1..7 LEVEL OP SERVICE? Should start-up time for a program be required or any delays in the execution of the work by the contractor occur, the Department of Community Development is to be notified in writing immediately, giving all pertinent- details and indicating when work shall begin and will continue. l.8 OTHER PROGRAM REQUIREMENTS (a) SUBRECIPIENT shall carry out its Work Program in compliance with all Federal laws and regulations described in Circulars A-1.10, A-122, and A-133. (Rules and Regylations for Community Development Block Grant Subrecipients). (b) SUBRECIPIENT shall not assume the CI'Py' s environmental responsibilities described at 24 CFR 570.604 of the CDDG Program regulations, and the CITy's responsibility for initiatinol the review process under Executive Order 12372 (Rules and Regulations f-or Community Development Block Grant S+ibrecipients) . 93- 6206 1.9 (c) A contractor fired by the SUBRECIPEINT must be selected in accordance with Office of Management and Budget Circular No. A--110 and will file, if applicable, IRS Form 1099 with persons providing consultant services in excess of $400.00. (d) A contractor fired by the SUBRECIPIENT shall be prohibited from using lead -based paint in structures rehabilitated with CDBG monies. REPORTS, AUDITS AND EVALUATIONS The SUBRECIPIENT shall comply with the federal Directive required by the U.S. Department of dousing and Urban Development (USI-IUI)) to document that program activities are provided for the benefit of low to moderate income persons. In accordance with the Code of Federal. Regulations 24 CFR Part 570.506, records shall be maintained for each activity to determine that services benefit low and moderate income persons. At the request of the CITY, SUBRECIPIENT shall transmit to CITY written statements of SUBRECIPIENT'S official policy on specified issues relating to SUBRECIPIENT' S activities. CITY may carry 011t monitoring and evaluation activities, including visits and observations by CITY staff; SUBRECIPIENT shall ensure the cooperation of its employees and Board member-.; in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute good cause for the CITY to terminate this Agreement at <<ny time thereafter. -4- 93" 626 I ARTICLE II 2.0 SCOPE OF SERVICES 2.1 The SUBREC1PUNT agrees to carry out the project in a lawful, satisfactory and proper manner, in accordance with the procedures, for the Commercial facade Treatment Program and the Policie:c and Procedures Manual for Community Development subrec.:i.pients and accepts them as the official. documents which outlines the fiscal., administrative and federal guidelines and which shall. regulate the day-to-day operations of the SUBRECIPILNT. 2.2 The SUpRLCIPIENT will notify businesses of the availability of the Facade Treatment Program in the identified deteriorated areas of the target area's commercial corridors , and to the businesses in the rest of the target area with blighted storefront- buildings. 2.3 The SU13RECIPIENT will develop a priority list of buildings to be improved in coordination with the Neighborhood Fnahncement Team (N . E . `1' .) for Al lapat t- alh . 2.4 The SUBRECIPIFNT will enter into a commercial facade rehabilitation agreement with the businesses after approval by the Department- of Community Development and will. receive a matching contribution up to $600.00 as establ.islied. 'Phis paymevit will be made by money order or cashier check only. 2.5 The SURjILCIPIGN`1' will advertise for bid the work to be done, (a minillium of two bids is required), including City's paint specifications, guarantees and irnst.irarice guidelines, and along with the business/property owner, will. select the lower bid and/or Ole best offer, and ensure that a contract . 93- is executed botween the SUI3SUBRECIPIENT and the business/property owner. 2.6 The SUBRECIPIENT will inform the Department of Community Development when the work is completed for inspection and approval. A picture of each business (before :and after) must be obtained by the Neighborhood Enhancement 'Team (NET) Office. 2.7 The SUBRECIPIENT shall obtain, upon completion of the property being rehabilitated, a Certification and Acceptance of Work, properly signed by: a) Business/property owner b) Community Based Organization c) Department of Community Development d) Neighborhood Enhancement Team Representative 2.8 After completion and approval the SUBRECIPIENT will approve all ipvoices submitted by the CONTRACTOR and submit a request for payment to the Department of Community Development within five (5) days of work completion. 2.9 The SUB►IECIPIENT will be required to open and maintain a separate checking account- for the duration of this contractual agzeem►,nt. 2.10 The Department of Community Development- will monitor the fiscal and programmatic operations of the Commercial facade Treatment Program every quarter. The SUBRECIPIENT will. Ue required to make available all fi_nanci.al records as well as operational documet►t-s. Said ri_911L shall exist during the period of this Agreement and for a period of Lhree (3) years following the date of a contract terminaL-ion. -6- 93- 69e 2..11 'The SUBRECIPIENT is required.' to execute this Agreement within thirty (30) days of receipt from the Department of Community Development. Failure to do so will be cause to deny contract execution with said SUBRECIPIENT. 2.12 The following services will be allowed under the auspices of the Commercial Facade Treatment Program. 1. Painting (include pressure cleaning, caulking, etc.) 2. Signage 3. Awning 4. Door 5. Store Show Case Window 6. Shutter 2.13 The SUBRECIPIENT agrees that no funds allocated under this Agreement shall go toward administrative cost. 2.14 If the service contracted (awning, sign or shutter) requires a deposit, the matching contributions from the business owner could be realized after the contract is signed between the SUBRECIPIENT and the Business Owner. ARTICLE III 3.0 FUNDING 3.1 COMPENSATION A. CITY shall pay SUBRECIPIENT, $ as maximum compensation for the work provided pursuant to Resolution No. 3.2 AUDIT RIGHTS CITY reserves the right to audit the records of SUBRECIPIENT at any time during the performance of this Agreement and for a period of three years after final payment is made under -7- ��— �� 1 .. this Agreement." SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of worked performed to CITY. 3.3 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 3.4 SEPARATION OF CHURCH/STATE In accordance with First Amendment Church/State principles, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including similar activities, as directed by 24 CFR 570.200(j). SUBRECIPIENT shall comply with this provision when entering into subcontracts. ARTICLE IV 4.0 GENERAL REQUIREMENTS 4.1 INDEMNIFICATION SUBRECIPIENT, shall pay on behalf of, and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of SUBRECIPIENT'S activities under this Agreement, including all other acts or omissions to act on the part of SUBRECIPIENT, including any person acting for or on its behalf-; from and against any relevant orders, judgements, or decrees which may be entered -8- 93- 626 t against the CITY, and liabilities incurred by the CITY in the defense of <<ny such claims or in the investigation thereof. 4.2 AMENDMENTS No amendmer)is to this Agreement shall be binding on either party unless in wi,iting and signed by both parties. 4.3 OWNERSHIP OF DOCUMENTS All documents developed by SUBRECIPIGNT under this Agreement shall be delivered to CI`1'Y by said SUBRECIPIENT upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. SUBRECIPIENT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and SUBRGCIPIEN'1' shall be subject to alL provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by CITY and SUBRECIPIENT pursuant- to this Agreement shall at all time remain the property of CITY and shall not be used by SUBRECIPIENT for any other purposes whatsoever without the written consent of CITY. 4.4 AWARD OF AGREEMENT SUBRECIPIENT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by 'the CITY any fee, commission percentage, brokerage fee, or gift of any kind -9- 93- 6206 cont-itlgent upon or resulting from the award of this Agreement. 4.5 NON-DELEGADILITY The obligations underL•a}cen by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or Eirm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 4.6 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according with all applicable laws, ordinances and codes of federal, state and local governments. 4.7 OBLIGATION TO RENEW Upon expiration of the term of phis Agreement, SUBRECIPIENT agrees and understands that CITY has no obligation to renew this Agreement. 4.8 TERMINATION OF CONTRACT CITY retains the right to terminate this Agreement at any time pursuant to this Agreement without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to SUBRECIPIENT, who shall be paid for work performed prior to the date of its receipt to the notice of termination. In no case, however, shall CITY pay SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and SUBRECIPIENT that any payment made in accordance with this Section to SUBRECTPIENT shall be wade only if said SUBRECIPIEN111 is not 93- 6�'6 in default under the terms of this Agreement. if SUBRECIPIENT is in default, the CITY shall in no way be obligated and shall not pay to SUBRECIPIENT any sum whatsoever. It is also understood that in accordance with 24 CPR 85.43-44 of the CDBG rules and regulations,, suspension or termination may occur if SUBRECIPIENT fails to comply with any term of this Agreement, or if the CITY deems it convenient to terminate it. 4.9 GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI SUBRECIPIENT: DEPARTMENT OF COMMUNITY DOWNTOWN MIAMI DEVELOPMENT BUSINESS ASSOCIATION, INC. 300 Biscayne Blvd., Way ONE BISCAYNE 'POWER Suite 420 SUITE 1818 Miami, FL 33131 MIAMI, FL 33131 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. -11- 93- 626 C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall rule. D. No waiver or breach of any provision of thin Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall pe effective unless made in writing. E. SlloulcJ any provisions, paragraphs, sentences, words or phhrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terir►s and provisions of this Agreement shall. rernai.n unmodified and in full force and effect. 4•10 INDEPENDENT SUBRECIPIENT: The SU13RECIPTENT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under tjie Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the CITY. _ 6 26 -12- (I 4.11 SUCCESSORS AND ASSIGNS: This Agreement stall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE V 5.0 CONFLICT OF INTEREST: The SUBRECIPIENT is aware of the conflict of interest laws of tjle City of Miami ( City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, in this Agreement. The SUI3RECIPIENT further covenants that, in the performance of this Agreement, no person having Such conflicting interest shall be employed. Any such interests on the part of the SUBRECIPIENT or its employee, musL be disclosed i.n wri.l-i.ng to the CITY. The SUBRECIPIENT, in the performance of this Agreement, shall be subject to the more restrict law and/or guidelines regarding conflict- of interest promulgated by federal, state or local govermmienLs . 93- 626 -1.3- t ARTICLE VI 6.0 NONDISCRIMINATION: The SUBRECIPIENT agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. ARTICLE VII 7.0 ASSURANCES AND CERTIFICATIONS: The-SUBRECIPIENT assures and certifies that: a) All expenditures of funds will be made in accordance with the stated budget allocation as approved by the City Commission. b) CITY funds will not be co -mingled with any other funds and that separate bank accounts and accounting records will be maintained. c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will be provided. e) The SUBRECIPIENT will be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds -14- 93- 626 expended not in accordance wit11 proper accounting starigards as determined by competent auditing autliorit-y. f) No activity under this Agreement shall involve political activities. I g) The SUBRECIPIENT possesses legal autborit-y to enter into this Agreement; a resolution, motion or similar action bas been duly adopted or passed as an official act of the SUBRECIPIENT'S governing body, authorizing the execution of this Agreement, including all understandings the person identified as the official. representative of the SUBRECIPIENT to act in connection with the contractor and to provide such additional information its may be required. ARTICI,E V1I1 B.0 ENTIRE AGREEMENTS This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto clga.y autllorizec on the first date above written. 93— 6w6 -15- +ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida. MATTY HIRAI CITY CLERK ATTEST: BY: CESAR H. ODIO CITY MANAGER SUBRECIPIENT: BY: CORPORATE SECRETARY MAIRA DIAZ EXECUTIVE DIRECTOR (AFFIX SEAL) APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE COORDINATOR -16- 93- 6 106 i "\ CITY OF MIAMI, FLORIDA COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT This Agreement entered into this day of , 1993, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and the Allapattah Business Development Authority, Inc., a not -for -profit corporation of the State of Florida, hereinafter referred to as the "SUBRECIPIENT". RECITAL Funding Source: Community Development Block Grant Term of the Agreement: One year Amount: $ 5 , 600.00 Tax Identification Number: Executive Director: Lorenzo Rodriguez Address: 2697 Biscayne Blvd. Miami, FL 33137 Telephone Number: (305) 571-1977 W I T N E S S E T H WHEREAS, this program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution No. 88--384; and WHEREAS, the City Commission passed Resolution No. authorizing the City Manager to execute a contractual agreement with the SUBRECIPIENT; and 93- s2s WHEREAS, the NBRECIPIENT has been all lted Five Thousand Four Hundred Dollars ($5,600 .00) for the Commercial Facade Treatment Program; NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I 1.0 PROCEDURES 1.1 TIME OF PERFORMANCE The term of this Agreement shall be from to Upon termination of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 1.5 POLICIES AND PROCEDURES MANUAL SUBRECIPIENT is aware and accepts the procedures for the Commercial Facade Improvement Program as the official document which outlines the fiscal, administrative and Federal guidelines and which shall regulate the day-to-day operations of the SUBRECIPIENT, which is attached and incorporate herein and made a part of this Agreement. 1.6 BONDING AND INSURANCE 1. During the term of this Agreement, the SUBRECIPIENT shall maintain insurance and bonding coverages in amounts acceptable to the City of Miami Department of Risk Management. Whenever applicable the City shall be named as an additional insured. l.7 1.© 2. 1.)uring the L-erm of this Agreement, Lhe SUBRECIPIENT will be required to ensure thaL- contractors j)arLicipati.hg in Lhe facade i.mprovemenL shall mainL-ain apptoprlaLe ge►►era.]. 1 i.ab.i.l. i.L-y insurance coverage prior to Lhe commencement of work. The amount of: insurance coverage shal.l be deLer.mi► ed by Hie Disurance CoordihaLor of Lhe City or: M. mid,. Compliance with Lhe foregoing r.egUi.remenLs shall. noL relieve the SUBREC.1Pt15NT of its l.iabil.iLy and obligations under this section or wider any other secLion of this Agreement. LEVEL OF' SERVICE Should start-up Lime for a program be required or any delays in the execution of the work by the contracLor occur, the Department of Conunuhi.Ly Development is to be notified in wr.iti_ng immediately, giving all. per LtnehL details and indicating when work shall begin and will continue. OTHER PROGRAM REQUIREMENTS (a) SUBRECIPIENT shall carry out its Work program in compliance with a1.1 federal laws and regulaLiohs describes] in Circulars A-110, A-1.22, and A-133. (Rules and Regulations For Community Development Block Grant SubrecipienL-s). (b) SUBRECIPIENT shall not assume the CITY's environmental responsibilities described at 24 CPR 570.604 of the CDBG Program regulations, alid the CITY's responsibility for initiating Lhe review process under 8xecULive Order 12372 ( Rules and Regulations for CommuniLy Oeveloprent Block Grant SubrecipienL-s). -3- 913- 6 mo6 1.9 (c) A conLrac nor' hired by the SUBREC.IPEINT must be selected in accordance with Office of Management and Budget Circular No. A-.110 and will file, if applicable, IRS Dorm 1099 with persons providing eonsul.LanL services in excess of $400.00. (d) A contractor hired by the SUBRECIPIEN'C shall be prohibited from using Lead -based paint in structures rehabilitated with CDBG monies. REPORTS, AUDITS AND EVALUATIONS The SUBRECIPIENT shalL comply with the Federal Directive required by L•he U.S. Department of [lousing and Urban DevelopmenL- (USIIUD) to doCLlmenL tl►at prograin acLiviLies are provided for the beneEIL of low to moderate income persons. In accordance with the Code of Federal Regulations 24 CPR Part 570.506, records shall be maintained for each activity to determine that, services benefit low and moderate income persons. At the request of Lhe CITY, SUBRECIPIENT shall transmit to CITY written statements of SU13R);CIPIEN'P'S official policy on specified issues relating to SUBRECIP.IENT'S activities. CITY may carry out monitoring and evaluation activities, including visits and observations by CITY sL•aff; SUBRECIPIENT shall ensure the cooperation of its emp.Loyees and Board members in such efforts. Any inccnsisL-enL, incomplete, or inadequate information eitlier received by the CITY or obtained throucjh monitoring and evaluatiotti by the CITY, sliall constitute good cause for the CITY to terminaL-e this Agreement- at any time thereafter. -4- 93-- 62,061 ARTICLE II 2.0 SCOPE OF SERVICES 2.1 The SUBRECIPIENT agrees to carry out the project in a lawful, satisfactory and proper manner, in accordance with the procedures, for the Commercial Facade Treatment Program and the Policies and Procedures Manual for Community Development subrecipients and accepts them as the official documents which outlines the fiscal, administrative and federal guidelines and which shall regulate the day-to-day operations of the SUBRECIPIENT. 2.2 The SUBRECIPIENT will notify businesses of the availability of the Facade Treatment Program in the identified deteriorated areas of the target area's commercial corridors 11 and to the businesses in the rest of the target area with blighted storefront buildings. 2.3 The SUBRECIPIENT will develop a priority list of buildings to be improved in coordination with the Neighborhood Enahncement Team (N.E.T.) for Edgewater. 2.4 The SUBRECIPIENT will enter into a commercial facade rehabilitation agreement with the businesses after approval by the Department of Community Development and will receive a matching contribution up to $600.00 as established. This payment will be made by money order or cashier check only. 2.5 The SUBRECIPIENT will advertise for bid the work to be done, (a minimum of two bids is required), including City's paint specifications, guarantees and insurance guidelines, and along with the business/property owner, will select the lower bid and/or the best offer, and ensure that a contract 0 l is executed between the SUBSUBRLCIPIENT and the business/property owner. 2.6 The SUBR) CIPICN'T will. inform the Department of Community Development when the work is completed For inspection and approval. A picture of each business (before and after) must be obtained by the Neighborhood Enlhancement Team (NI,'P) Office. 2.7 The SUBRECIPIENT shall obtain, Upon completion of the property being rehabilitated, a Certification and Acceptance of Work, properly signed by: a) Business/property owner b) Communi.Ly Based Organization c) Department of COtmltuniL-y Development• d) Neighborhood Enhancement- 'Team Representative 2.0 Aft•er completion and approval the SUBRECCPIL:NT will approve a1.1 invoices submitted by the CONTRACTOR and submit a request for payment to Lbe Department of Community Development within five (5) days of work completion. 2.9 The 5U©ItI,CIPI[:NT will be required to open and maintain a separate checking account• for the duration of this contractual agreement. 2.10 The Department- of Community Development will monitor the fiscal and programmatic operations of the Commercial facade Treatment- Program every quarter. The SUBRECIPII,N'T will be required to make available all. Financial records as well as operaL-iona.l documenLs. Said right• shall exist during the period of this Agreement and for a period of three (3) years following the date of a contract termination. r 93- 66' 7.. 11 The SUHRMCLL MMT in requi rod ' (_o exrMe thin hgr. eeme& w.i.thIn Mrhy (30) clays of receipt; Nom Elie DepatheM of Community Deve loJm eM . VAlure Lo do so w.i.it be cause Lo deny conLrncL exacuLlon w.i.L.h said SURRECl.t'IENT. 7 . 1 7 The fol. Low l.ng services will he allowed cinder l•.lie nuspi.cen or - We C'onm mrWal. Pncnde TreaLmenL• Program. I. 1.ainLiny ( i.iiclude pressure c.l.evni.nq, caulking, AM 7.. S.i.gnnye l . Awn [ng 4 . Doo r. 5. SW n glow Ca sn Window G. SliiiMr 2.13 The SUHRI C1.1:INNT agrees that no Funds a.11ocaLed under L-hi.s AgrenmenL. WIL go Loward admini.sL-r.ative cosL•. 2.14 IF hhe sery Ve eonErac.Led (awning, sign or shuL-L•er) regOires a depos i.1%, We maLch i.ng contributions from Hie bUsi.ness nwne r roil Ld be real. i. z.ed after the con L- sac L is digned between khe SI1111tI:Cl.6'IENT and the Business owner. nR'l'JM 11:1: 3.0 I" UNDING .3 . 1. CUMVIENSAT ION n. CITY sha I .I [)ay SU13R1?CI. P.J.P:NT, $ ab InaxiliMill compensaHon i'or We work provided pur.sLianL Lo lzesol.uLaoll No. 3.2 AUDIT RIGHTS c:.lTY reserves the right Lo audiL Lhe records of SUBR CIPI:CNIV A any time during the performance of Lhis hgl:eemehL dnd for a period of: three years after Cinal. paymeN A made under 93- 62106 Litl.s !loll- ��1r?t1L,, 5UIIIZNC 1,PILN'1' Qs Lo 17rbvide C1.1.t 1-111c111ci.ai. -ltld ot-hnr rip! tcal-71.e. 1-ecords aild docUltieltUnO.olt of wot: t;etl r�nr formF�c'1 4.c.1 c_ I.'1'Y. J . J CONTINGENCY CLAUSE 1''Uticl.i.ng C:or Ll,i.s nc;rcrc11te11L Is conLincleilL• on Lhe avallaW.i.i.L•y Or r-11110S illlrl CClllL1.i111P_ll 111E-11o1-31.7,dLi.o11 t-Ot J7rog1alit cvAIVILled .111c1 1.s sull jar_I: L(-) or Le.rmi.itclt-Jon clue La .Lack or ( IlK.l O- �111U101-1.7.a1.1.c711, rrduci:ion of cullds, aild/or change i1t 1. (-q 0.a is i.otl C, . 3 .4 Sl,lVA1ZATIQN UI? CHURCH/S'1'1 T); I'll ac-corrl:1llcp wi -11 V'.1 rril: Alllell(blellL C111.0-ch/sUILe r)7-111civies, CI UG, 11my noL be used for rel iclioUs acLi.viLies of larovided Lo Pr.i.mar.i.l.y religious enH.Lies for any acLikdLles, i.ric-lud i.11g sIIid. lar acLivi.l.:i.es, as ci.i.recLed by 24 Chit 570I.2OO(j) • 5111)121 Ci,t>I.I:N'I' shall. comply wi0i Lids J?t.-ovisiotl when r.11t:r• t i.1lg i nLo su17coill:.r,c1_s. ARTICLE" TV 4.0 GLINCRAL, MQUIR MENTS 4. i. lNU1sMN1P'ICAJ'lod SU111t1_:C IPI.L:N'i', sllall l-ay on behalf of, and solve ctry harlllless F-vau and ag,,-iltlsL any and all. claims, liabiiiUes► losses, a11c1 causes of acH.on which may arise o11L of SUBRtCI�Ii"WT'S acL-ivi.H.es 1111der L11.i.s 1AgreemenL, i1lcLuditig all oL11el: acLs of onli.ssi.olls La act: oil Lhe I?arL of SUMIEC1:PI NT, ihclUditlg -111y person acting for or oil i.Ls bellal.f; froth nild adai.IlsL ally 1-e1.eW.1II ol-ciet-s, jtldgemehLs, or decrees w1fl.c11 wiry be ehLered -r:3- 93- 6246 R against the CITY; and liabilities incurred by the CITY in the defense of any such claims Or in the investigation thereof. 4.2 AMENDMENTS No amendments to t_hi.s Agreement sha LL be binding on eiLher party unless in wr.LL-ing and signed by both parties. 4.3 OWNERSHIP OF DOCUMENTS All documents developed by SUBRECIPIENT under this Agreement shall be delivered to CITY by said SUBRECIPIENT upon co►np.leLiou of Llie services required pursuant to this Agreement and sliall become the property of CITY, without restriction or limi.L-ation on its use. SUBRECIPIENT agrees that all documents maintained and generated pursuant to this i l contractual relationship between CITY and SUBRECIPIENT shall be subject to all provisions of L-lie Public Records Law, Chapter 1.19, Florida Statutes. It is further understood by and between the parties that any document which is given by CITY and SUBRECIPIENT pursuant- to this Agreement shall at all time remain the property of CITY and shall not be used by SUBRECIPIENT for any other purposes i whatsoever without the written consent- of CITY. 4.4 AWARD OF AGREEMENT i 1 SUBRECIPIENT warrants that it has not employed or retained I any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CiTY any fee, commission percentage, brokerage fee, or gift of any kind 93- 6�6 1 fcontingent ur.—or resulting from the ao,`,d of this Agreement. " 4.5 NON-DELEGABILITY The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. i 4.6 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according with all applicable laws, ordinances and codes of federal, state and local governments. 4.7 OBLIGATION TO RENEW Upon expiration of the term of this Agreement, SUBRECIPIENT I agrees and understands that CITY has no obligation to renew this Agreement. 4.8 TERMINATION OF CONTRACT CITY retains the right to terminate this Agreement at any time pursuant to this Agreement without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to SUBRECIPIENT, who shall be paid for work performed prior to the date of its receipt to the notice of termination. In no case, however, shall CITY pay SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and SUBRECIPIENT that any payment made in accordance with this Section to SUBRECIPIENT shall be made only if said SUBRECIPIENT is not -10.. 93— r� Gq in default '`ader the terms of th" Agreement. if SUBRECIPIENT is +in default, the CITY shall in no way be obligated and shall not pay to SUBRECIPIENT any sum whatsoever. It is also understood that in accordance with 24 CFR 85.43- 44 of the CDBG rules and regulations, suspension or termination may occur if SUBRECIPIENT fails to comply with any term of this Agreement, or if the CITY deems it convenient to terminate it. 4.9 GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI SUBRECIPIENT: DEPARTMENT OF COMMUNITY EDGEWATER ECONOMIC DEVELOPMENT DEVELOPMENT CORPORATION 300 Biscayne Blvd., Way 2697 Biscayne Blvd. Suite 420 MIAMI, FL 33137 Miami, FL 33131 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. t C. In the event of conflict „between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall rule. b. No waiver or breach of any provision of Lhi$ Agreement - shall consLituLe a waiver of any subsequent breach of Lhe same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to Lhe extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same slha.l.l. be deemed severable, and in either event, the retraining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 4.10 INDEPENDENT SUBRECIPIENT: The SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees, furLher be/she shall not be deemed 1 entitled to the Florida Workers' Compensation benefits as an employee of the CI'rY. I I 93' 1 -12- 4.11 SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE; V 5.0 CONFLICT OF INTEREST: The SUDRECIPIENT is aware of Lhe conflict• of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), bade County Florida (Dade County Section 2-11.1) and the State of• Florida, and agrees that it will fully comply in all respects with the Lerms of said laws. The SUBRECIPIENT covenants L•haL no person under it•s employ who presently exercises any functions or responsibilities in connect•i.on with this Agreement has any personal financial interests, direct or indirect, in this Agreement -. The SUURECIPIENT further covenants that, in the performance of this Agreement-, no person having such conflicting interest- shall be employed. Any such interests on the part of the SUBRECIPIENT or its employee, must be disclosed in writing to the CITY. The SU13RECIPIENT, in the performance of this Agreement, shall be subject to tlhe more restrict law and/or guidelines regarding conflict of interest promulgated by federal., state or .local governments. 99- 6206 -13- ARTICLL VI 6.0 NONDISCRIMINATION: The SUBRLCIPICNT agrees that it shall, not discriminate as to race, sex, color, creed, national origin or Handicap In connection wi.L•h Its performance under this Agreement• . furthermore, that no otherwise qualified individual shall, solely I)y reason oC bisjl►er race, sex, color, creed, national origin, or Handicap, he excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal. financial assistance. ARTICLE' VI.I 7.0 ASSURANCES AND CERTIFICATIONS: The SUARECIPILNT assures and certifies that: a) All expenditures of funds will be made in accordance with the stated budget- allocation as approved by the City Commission. b) CITY funds will not be co -mingled with any other funds and L-baL- separate bank accounts and accounting records will be maintained. c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will be provided. e) The SUDRI CIPIENT will be personally liable for any CITY funds expended that were not consisL•ent- with the program approved by the City Commission or any funds 93- 626 -14- 1 expended not i n accordance wi.Lh proper accounLi.ng standards as deL-erinined by competent auditing authority. f) No activity tinder this Agreement sha1.1 involve political activities. g) 'Plie SUBRECIPIENT possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the SUBRECIPILN'['' S governing body, authorizing the execuL.i.on of Lhis Agreement, including all understandings the person identified as the official representative of the SUBRECIPIEN`I' to act in connection with the contractor and to provide such additional. information as inay be regi.►ired . ARTICLE VIII 8.0 ENTIRE AGREEMENTS: This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representaLions riot expressly set forth in this Agreement are of no force or effect. IN WITNESS WHEREOF, L-he parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. 93 6926 -15- I ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida MATTY HIRAI CITY CLERK ATTEST: CORPORATE SECRETARY BY: CESAR H. ODIO CITY MANAGER SUBRECIPIENT: BY: LORENZO RODRIGUEZ EXECUTIVE DIRECTOR (AFFIX SEAL) APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE COORDINATOR =I=- 93- 62*6 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM UAMO O Honorable Mayor and Members DATE: September 14, 1993 FILE: of the City Comission SUBJECT Commercial Facade Rehabilitation -Agenda Item =ROM CltJWJa *ge rio ENCLOSURES: Ces REFERENCES RECOMMENDATION: Commission Meeting of 10/14/93 It is respectfully recommended the Miami City Commission approve the attached resolution allocating Fifty Thousand Four Hundred Dollars ($50,400.00) towards commercial facade rehabilitation of thirty-six (36) businesses in conjunction with business and property owners within the Allapattah, Downtown and Edgewater target areas. BACKGROUND: In an effort to promote economic revitalization within blighted City of Miami neighborhoods, the Commercial Facade Treatment Program was implemented, per Resolution #88-384, during the 14th Year of the Community Development Block Grant Program. Since that time, many business exteriors have been improved with respect to paint, signs, awnings, etc., resulting in upgraded living conditions of the affected areas, enhanced neighborhood services, and increased benefits to the community. Therefore, it is requested the City of Miami enter into an agreement with the Allapattah Business Development Authority, Inc. and with the Downtown Miami Business Association Inc., both for a period of one year, to assist in the coordination and implementation of the facade improvement program of the following properties: Allapattah Area NAME ADDRESS Tropicana Jewelry 2102 NW 20 Street Esther Fashions, Inc. 2104 NW 20 Street Olga's Clothing 2106 NW 20 Street Kid's Trading, Inc. 2108 NW 20 Street L & R Fashion, Inc. 2110-12 NW 20 Street Gutierrez Gifts 2114-16 NW 20 Street.-� Shanzad International 2118-20 NW 20 Street Kiki Condominium 2100 NW 20 Street 93- 626 Honorable Mayor and Members of the City Commission Page 2 Allapattah Area cont'd. NAME ADDRESS Aldo's Corner Corp. 2500 NW 21 Terr. Aldo's Corner Body Shop 2502 NW 21 Terr. Marino Auto Body Shop 2504 NW 21 Terr. Leos Auto Repairs 2506 NW 21 Terr. J & J Arts & Signs 2510 NW 21 Terr. Banos Towing Service 2514 NW 21 Terr. Juan Hernandez Mechanics 2515 NW 21 Terr. Tropical 2518 NW 21 Terr. Universal Foods/ 2172 NW 24 Ct. RLD Distributor Corp. 2174 NW 24 Ct. Argentina Bakery 2471 NW 21 Terr. Construction Catering 2472 NW 21 Terr. Southern Investigative 2475 NW 21 Terr. Downtown Area Continental Nat'l Bank 240 E. Flagler American Camera & Electronics 244 E. Flagler New York Connection 248 E. Flagler Morlon Shop 268 E. Flagler Joanne Collection 252 E. Flagler Worldway Luggage 260 E. Flagler Capitol Hi Fi 264 E. Flagler Arnold Store 270 E. Flagler To Do Everything 272 E. Flagler Brothers V 270 E. Flagler Fernand Optical 20 S.E. 3 Avenue Edoewater Area Cachinero's Barber Shop 2601 N.E. 2nd Ave. #1 Puerto Rico Pharmacy 2601 N.E. 2nd Ave. #2 Prime Care Medical Centers 2601 N.E. 2nd Ave. #3 Prime Dental Center 2601 N.E. 2nd Ave. #4 Each of the above captioned enterprises would be allocated a maximum of two thousand dollars ($2,000.00), with the City of Miami contributing 70% up to one thousand four hundred dollars C9 ($1,400.00) and the business or property owner contributing 30% up to six hundred dollars ($600.00). The Allapattah Business Development Authority, Downtown Miami Business Association, and 93- 696 i i Honorable Mayor and Members of the City Commission Page 3 the Edgewater Economic Development Corp. would assume responsibility for completion of all pertinent documentation, and would forward such information to the City of Miami Department of Community Development. Therefore, per the aforementioned legislation, it is requested that the attached resolution be adopted. i' ATTACHMENT 3 93- 626